Show FISH PONDS ARE NOT ILLEGAL Judge Howell Gives Decision That Permits Long Established Established Industry to Live A decision of or importance to those con connected connected with the fish Industry in this county count was handed down by b Judge J A Howell In the district yesterday The action was brought In the name of ot the state against a Joseph Barker and was Instituted as a test case to determine whether or not the fish ponds in the Og den valley valle were maintained The court held that with the exception of ot certain screens there was nothing il legal leg l about the business as conducted and appointed the state fish ish and game came war den as R a commissioner to see that the proper screens were placed In the ponds and maintained there It was s maintained by the state that Barker should be from maintain maintaining InS ing the fish ponds for tor the reason that It was an unlawful Interference with the public waters of ot the state and the rights of ot the public with respect to fish thereby constituting public nuisances It was ar argued sued gued by b the states attorney that the streams were public waters and that Barker had ro 10 right to obstruct the nat natural natural ural channel thereof In a lengthy len thy review of or the case the court says It n seems to the court that provid providing ing In there are ample safeguards to pre prevent vent ent the fish In the public waters of ot the state from entering into the fish fishponds ponds constructed by the defendant upon his land there is no reason why this court should sh uld interfere therewith but it does seem to the court that some of ot the screens and particularly the screen which has been erected by the defendant at tile the western extremity of o his fish ponds upon the old creek bed is not of ot a character sufficient to prevent the fish belonging to the public from entering into his said ponds |